Order of the Court (Chamber determining whether appeals may proceed) of 25 March 2021 – Ultrasun v EUIPO

(Case C‑722/20 P)

(Appeal – EU trade mark – Determination as to whether appeals should be allowed to proceed – Article 170b of the Rules of Procedure of the Court of Justice – Request failing to demonstrate the significance of an issue with respect to the unity, consistency or development of EU law – Refusal to allow the appeal to proceed)

1.      Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Burden of proof

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Art. 170b)

(see para. 11)

2.      Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Request that an appeal be allowed to proceed – Formal requirements – Scope

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)

(see paras 12-14)

3.      Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Incompatibility with the case-law of the Court – Request that the appeal be allowed to proceed failing to demonstrate that the issue is significant – Refusal to allow the appeal to proceed

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)

(see para. 16)

4.      Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Issue that has not been examined by the Court – Request that the appeal be allowed to proceed failing to demonstrate that the issue is significant – Refusal to allow the appeal to proceed

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)

(see para. 17)

5.      Appeal – Scheme for prior determination as to whether appeals should be allowed to proceed – Issue that is significant with respect to the unity, consistency or development of EU law – Request that the appeal be allowed to proceed failing to demonstrate that the issue is significant – Refusal to allow the appeal to proceed

(Statute of the Court of Justice, Art. 58a; Rules of Procedure of the Court of Justice, Arts 170a and 170b)

(see paras 18-21)

Operative part

1. The appeal is not allowed to proceed.

2. Ultrasun AG is ordered to bear its own costs.